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STERNBERG DREDGING CO. v. WALLING

No. 13329.

158 F.2d 678 (1946)

STERNBERG DREDGING CO. v. WALLING.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied January 14, 1947.

Attorney(s) appearing for the Case

R. Emmett Kerrigan, of New Orleans, La. (Henry Davis, of St. Louis, Mo., Deutsch, Kerrigan & Stiles and Marian Mayer, all of New Orleans, La., and Bryan, Cave, McPheeters & McRoberts, of St. Louis, Mo., on the brief), for appellant.

George M. Szabad, Atty., Department of Labor, of Washington, D. C. (William S. Tyson, Sol., and Morton Liftin, Asst. Sol., both of Washington, D. C., Reid Williams, Regional Atty., of Kansas City, Mo., and Eugene Green, Atty., of Washington, D. C., on the brief), for appellee.

Before GARDNER, WOODROUGH, and RIDDICK, Circuit Judges.

RIDDICK, Circuit Judge.

This is an appeal from a judgment of the District Court restraining violations of the overtime and record-keeping provisions of the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§ 207, 211(c), 215(a)(2), and 215(a)(5). The question is whether persons employed by appellant aboard its dredges engaged in the maintenance and development and improvement of navigable interstate waterways are excluded from the coverage of the Act by section...

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